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Chapter 8: Crime Public Safety and Gun Control Bush Gore Criminal Justice Process Bush Gore

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Page 1: Chapter 8pcl.stanford.edu › campaigns › 2000 › sourcebook › sbpdf › crime.pdf · Criminal Justice Process Bush Gore . Public Safety and Gun Control - Bush George W. Bush

Chapter 8:

Crime

Public Safety and Gun Control

Bush Gore

Criminal Justice Process

Bush Gore

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Public Safety and Gun Control - Bush

George W. Bush

The Fraternal Order of Police

Media, Pennsylvania

September 20, 2000

Illegal Weapons

A lot of endorsements are important, of course, but I especially value

the endorsement of the men and women who risk their lives on a daily

basis for citizens all across America. I'm particularly grateful to Gil and

his leadership and the rank-and-file, who thought long and hard about

who best to lead us into the 21st century and who stood up by an over

two-thirds vote -- I think it was a two-thirds vote -- by a two-thirds vote

and said, loud and clear -- and said, loud and clear, "In order to make

America a more peaceful place, George W. Bush needs to be the next

president of the United States."

I believe in tough love. I believe in tough love. I think one of the

reasons why the men and women who wear the uniform know full well

that I believe in our society, people need to be held accountable for the

decisions they make in life; that the men and women of the uniform

understand that tough love means if you break the law, there will be a

consequence. We must say, loud and clear, in order to have a safe

society, we're going to stand by the men and women who wear the

uniform.

And so I say to those who think they can -- to those who illegally

carry a gun in society, we're going to find you and hold you accountable.

To those who illegally sell guns, we will find you and hold you

accountable. And to those who commit crimes with guns in our society,

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there will be certain accountability when George W. Bush is president of

the United States.

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George W. Bush

Republican National Convention 2000

Philadelphia, Pennsylvania

Party Platform: Public Safety

Most Americans over the age of fifty remember a time when streets

and schoolyards were safe, doors unlocked, windows unbarred. The

elderly did not live in fear and the young did not die in gunfire. That

world is gone, swept away in the social upheaval provoked by the welfare,

drug, and crime policies of the 1960s and later.

We cannot go back to that time of innocence, but we can go forward,

step by difficult step, to recreate respect for law — and law that is worthy

of respect. Most of that effort must come on the state and local levels,

which have the primary responsibility for law enforcement. While we

support community policing and other proven initiatives against crime,

we strongly oppose any erosion of that responsibility by the federal

government. Our Republican governors, legislators, and local leaders

have taken a zero tolerance approach to crime that has led to the lowest

crime and murder rates in a generation.

At the same time, we recognize the crucial leadership role the

president and the Congress should play in restoring public safety. The

congressional half of that team, in cooperation with governors and local

officials who are the front line against crime, has been hard at work.

Within proper federal jurisdiction, the Republican Congress has enacted

legislation for an effective deterrent death penalty, restitution to victims,

removal of criminal aliens, and vigilance against terrorism. They stopped

federal judges from releasing criminals because of prison overcrowding,

made it harder to file lawsuits about prison conditions, and, with a

truth-in-sentencing law, pushed states to make sure violent felons

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actually do time. They have also provided billions of dollars, in the form

of block grants, for law enforcement agencies to hire police and acquire

new equipment and technology.

The other part of the team — a president engaged in the fight against

crime — has been ineffective for the last eight years. To the contrary,

sixteen hard-core terrorists were granted clemency, sending the wrong

signal to others who would use terror against the American people. The

administration started out by slashing the nation’s funding for drug

interdiction and overseas operations against the narcotics cartel. It

finishes by presiding over the near collapse of drug policy. The only

bright spot has been the determination of the Republican Congress. Its

Western Hemisphere Drug Elimination Act of 1998 has just begun to

restore the nation’s ability to strike at the source of illegal drugs. Now the

Congress is taking the lead to assist Colombia against the narco-

insurgents who control large parts of that country, a stone’s throw from

the Panama Canal.

A Republican president will advance an agenda to restore the

public’s safety:

No-frills prisons, with productive work requirements, that make the

threat of jail a powerful deterrent to crime.

Increased penalties and resources to combat the dramatic rise in

production and use of methamphetamine and new drugs such as

ecstasy.

An effective program of rehabilitation, where appropriate.

Support of community-based diversion programs for first time, non-

violent offenders.

Reforming the Supreme Court's invented Exclusionary Rule, which

has allowed countless criminals to get off on technicalities.

A constitutional amendment to protect victims’ rights at every stage

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of the criminal justice system.

Reservation of two seats on the U.S. Sentencing Commission for

victims of violent crimes.

We will reopen Pennsylvania Avenue in front of the White House as a

symbolic expression of our confidence in the restoration of the rule of

law.

Crimes against women and children demand an emphatic response.

That is why the Republican Congress enacted Megan’s Law, requiring

local notification when sex offenders are released, and why we advocate

special penalties against thugs who, in assaults against pregnant

women, harm them or their unborn children. Federal obscenity and child

pornography laws, especially crimes involving the Internet, must be

vigorously enforced — in contrast to the current administration’s failure

in this area. We urge States to follow the lead of congressional

Republicans by making admissible in court the prior similar criminal

acts of defendants in sexual assault cases.

Millions of Americans suffer from problem or pathological gambling

that can destroy families. We support legislation prohibiting gambling

over the Internet or in student athletics by student athletes who are

participating in competitive sports.

On both the federal and state levels, juvenile crime demands special

attention, as the age of young offenders has fallen and their brutality has

increased. We renew our call for a complete overhaul of the juvenile

justice system that will punish juvenile offenders, open criminal

proceedings to victims and the public, make conviction records more

available, and enforce accountability for offenders, parents, and judges.

With regard to school safety, we encourage local school systems to

develop a single system of discipline for all students who commit offenses

involving drugs or violence in school, not the federally imposed dual

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system which leaves today’s teachers and students at risk from the

behavior of others.

Any juvenile who commits any crime while carrying a gun should

automatically be detained, not released to someone’s custody. We urge

localities to consider zero-tolerance for juvenile drinking and driving and

early intervention to keep delinquency from escalating to crime. While

recognizing the important role of both parents to the well-being of their

children, we must acknowledge the critical need for positive role models

to put a generation of fatherless boys on the right road to manhood. We

affirm the right of public schools, courthouses, and other public

buildings to post copies of the Ten Commandments.

Finally, continued assistance to state and local law enforcement is

critical. Through research, grants, and joint task forces, the federal

government should encourage smarter, more effective anti-crime efforts.

In particular, we advocate assistance to police for their personal

protection, continuing education and training, and family care.

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George W. Bush

Republican National Convention 2000

Philadelphia, Pennsylvania

Party Platform: Right to Own Firearms

We defend the constitutional right to keep and bear arms, and we

affirm the individual responsibility to safely use and store firearms.

Because self-defense is a basic human right, we will promote training in

their safe usage, especially in federal programs for women and the

elderly. A Republican administration will vigorously enforce current gun

laws, neglected by the Democrats, especially by prosecuting dangerous

offenders identified as felons in instant background checks. Although we

support background checks to ensure that guns do not fall into the

hands of criminals, we oppose federal licensing of law-abiding gun

owners and national gun registration as a violation of the Second

Amendment and an invasion of privacy of honest citizens. Through

programs like Project Exile, we will hold criminals individually

accountable for their actions by strong enforcement of federal and state

firearm laws, especially when guns are used in violent or drug-related

crimes. With a special emphasis upon school safety, we propose the

crackdown on youth violence explained elsewhere in this platform.

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Public Safety and Gun Control - Gore

Al Gore

NAACP 91st Annual Convention

Baltimore, Maryland

July 12, 2000

Public Safety

Another change that's needed: We need to stop the violence and

make our streets safe and battle the scourge of drugs and get the guns

out of the schools and out of the neighborhoods.

It's time for this Congress to stop blocking progress and pass a bill

that closes the gun show loophole, and has mandatory child safety

trigger locks, and gets these guns out of the hands of the people who

shouldn't have them. This Congress is blocking progress even on hiring

more prosecutors to enforce the gun laws that are already on the books.

And I know how much power is arrayed on the other side. I saw

Charlton Heston on television the other night. And he named me enemy

number one, target number one. Held up a gun, said something about

prying his cold dead fingers off it or something like that.

Well, it didn't surprise me because two weeks earlier he had said

that if my opponent was to be elected, then Heston and his group will be

working right out of the Oval Office in the White House. But I advised

him not to pack his bags yet because the last time—the last time Moses

took advice from a bush his people wandered in the wilderness for 40

years, and he may not be packing his bags right now.

At least he shouldn't be. We've got a few things to say and do. We've

got some work to do.…

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Al Gore

National Association of Police Organization

Washington D.C.

August 5, 2000

Standing by Law Enforcement

Anyway, I honor all of the families here and, every time I have been

able to participate in the event surrounding this award, I have been

humbled, truly humbled, by the courage, the heroism, the self- sacrifice

by the winners of this award, by those who are being acknowledged. As

much as any soldier who every fought in any war, you are the guardians

of America's freedom.

While others are at home with their families, you are out walking the

beats and patrolling the streets, and taking risks to keep us all safe and

secure. And we are grateful for that. While others flee from danger, your

mission to track it down and face it.

Some say that the age of heroes has passed.

No way. I say, just look around this room and read the stories; listen

to the testimonials about what these men and women have done.

Heroism is really a part of your job description.

Some examples: walking through a hail of gunfire to protect innocent

lives; diving into icy water to rescue a man in a sinking automobile;

breaking up deadly drug rings that poison our communities. I know that

for this year's top cops -- and I could tell you lot of stories -- but you will

hear them, and you know them.

For this year's top cops, and for all who widen our thin blue line, its

a lot more than a job, it's a calling. It is a commitment. And I am here

above all to honor and salute the men and women of NAPO. I make this

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pledge to you today: I will always stand with American law enforcement.

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Al Gore

Democratic National Convention 2000

Los Angeles, California

Party Platform: Fighting Crime

Democrats believe government's most basic duty is to establish law,

order, and freedom and keep citizens safe from crime. When crime is

rampant, families are forced off the streets and behind closed doors.

When children are ducking for cover, they have a hard time reaching for

their dreams. When people are afraid to walk in their own neighborhood,

communities are robbed of the basic sense of decency and togetherness.

When an overburdened justice system lets thugs off easy, good parents

have a harder time teaching their children right from wrong.

Bill Clinton and Al Gore took office determined to turn the tide in the

battle against crime, drugs, and disorder in our communities. They put

in place a tougher more comprehensive strategy than anything tried

before, a strategy to fight crime on every single front: more police on the

streets to thicken the thin blue line between order and disorder, tougher

punishments - including the death penalty - for those that dare to

terrorize the innocent, and smarter prevention to stop crime before it

even starts.

They stood up to the gun lobby, to pass the Brady Bill and ban

deadly assault weapons - and stopped nearly half a million felons,

fugitives, and stalkers from buying guns. They fought for and won the

biggest anti-drug budgets in history, every single year. They funded new

prison cells, and expanded the death penalty for cop killers and

terrorists.

Here are the results of that strategy: serious crime is down seven

years in a row, to its lowest level in a quarter-century. Violent crime is

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down by 24 percent. The murder rate is down to levels unseen since the

mid-1960's. The number of juveniles committing homicides with guns is

down by nearly 60 percent.

But we have just begun to fight the forces of lawlessness and

violence. We cannot go back to the finger-pointing and failed strategies

that led to that steep rise in crime in the Bush-Quayle years. We can't

surrender to the right-wing Republicans who threatened funding for new

police, who tried to gut crime prevention, and who would invite the NRA

into the Oval Office. Nor will we go back to the old approach which was

tough on the causes of crime, but not tough enough on crime itself.

With Al Gore as President, America won't go back. We will move

forward. We will fight to increase the number of community police on our

streets. We will fight to give police the high-tech tools and the training

they need to keep our streets safe and our families secure. We will

toughen the laws against serious and violent crime to restore the sense of

order that says to children as well as to criminals: don't even think about

committing a crime here. We will reform a justice system that spills half

a million prisoners back onto our streets each year - many of them

addicted to drugs, unrehabilitated, and just waiting to commit another

crime. We will make schools safe havens for students to learn and

teachers to teach. We believe that in death penalty cases, DNA testing

should be used in all appropriate circumstances, and defendants should

have effective assistance of counsel. In all death row cases, we encourage

thorough post-conviction reviews. We will put the rights of victims and

families first again. And we will push for more crime prevention, to stop

the next generation of crime before it's too late.

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Al Gore

Democratic National Convention 2000

Los Angeles, California

Party Platform: Strong and Sensible Gun Laws

A shocking level of gun violence on our streets and in our schools

has shown America the need to keep guns away from those who

shouldn't have them - in ways that respect the rights of hunters,

sportsmen, and legitimate gun owners. The Columbine tragedy struck

America's heart, but in its wake Republicans have done nothing to keep

guns away from those who should not have them.

Democrats believe that we should fight gun crime on all fronts - with

stronger laws and stronger enforcement. That's why Democrats fought

and passed the Brady Law and the Assault Weapons Ban. We increased

federal, state, and local gun crime prosecution by 22 percent since 1992.

Now gun crime is down by 35 percent.

Now we must do even more. We need mandatory child safety locks,

to protect our children. We should require a photo license I.D., a full

background check, and a gun safety test to buy a new handgun in

America. We support more federal gun prosecutors, ATF agents and

inspectors, and giving states and communities another 10,000

prosecutors to fight gun crime.

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Al Gore

Democratic National Convention 2000

Los Angeles, California

Party Platform: Youth Crime

Discipline, Character, and Safty

Education is not just about test scores, but about passing on our

values to the next generation of American citizens. Our children and

teachers deserve schools of safety and classrooms free of fear. We should

have a zero-tolerance policy towards guns in schools. Each school should

institute strict, firm, and fair discipline policies that are agreed upon on

the first day of the school year at a meeting of teachers, parents, and

students. We should expand the Family Leave Law to make sure parents

can attend these meetings and all parent-teacher conferences without

being scared they will lose their jobs.

We must do all we can to encourage active parental involvement in

our schools - after all, parents are a child's first and best teachers. A

parent's job does not end when they drop their child off at the schools

front door. They have a responsibility to actively participate in their

childrens' education, to read to their children, and to help their children

with their homework. Schools need to do their part by welcoming parents

into the education process and giving them a voice in the education of

their children.

Democrats believe in "second-chance schools" where kids expelled

from school and those headed for trouble can get the concentrated help,

services, and guidance they need to get back on the path to success.

If we are serious about fighting school violence, we need a dramatic

increase in after-school care for America's children. The average two-

parent family works 500 more hours a year than they did a generation

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ago. Children often come home from school to empty houses. We know

that the most dangerous hours for children are those between the end of

the school day and the end of the work day. It is in these afternoon hours

that children are most likely to get into trouble and fall under bad

influences. Democrats have increased after-school assistance 500 times

over in the last four years. Al Gore believes in expanding after-school

programs and providing Americans with an after-school tax credit so that

children have a safe, supervised after-school environment where they can

continue to learn and learn right from wrong.

Too often, our culture offers our children a virtual crash course in

violence and degradation. It is sometimes a culture of too much

meanness and not enough meaning. That's why character education is

so important in our schools. Education should not be a morals-free zone.

Schools can teach our kids about honesty, hard work, openness to new

information, strong discipline, willingness to reason, personal

responsibility, and tolerance for different points of view. Teachers can

help children develop the values and the character - as well as the

intellectual tools - it takes to succeed and contribute to their

communities. The traditional three R's are not enough. Schools need to

make sure they teach kids respect, reliability, and responsibility as well.

We must also remember that our schools are not just training the

next generation of workers, they are also educating the next generation of

citizens. That's why Democrats support democracy education, civic

education, and service requirements in our schools.

Stopping Crime before It Starts

Democrats also know that all Americans are better off if we stop

crime before it claims new victims, rather than focusing single-mindedly

on pursuing perpetrators after the harm is done. That is why we are

firmly committed to sound and proven crime-prevention strategies that

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are good for all Americans. Solid investments in children and youth, in

job creation, and in skills development are powerful antidotes to crime.

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Criminal Justice Process - Bush

George W. Bush

Austin, Texas

June 22, 2000

Death Penalty

My job is to ensure our state's laws are enforced fairly. This is a

responsibility I take very seriously because the final determination of

innocence or guilt is among the most profound decisions a governor can

make. I recognize there are good people who oppose the death penalty.

I've heard their message and I respect their heartfelt point of view.

On October 28, 1981, Mr. Gary Graham was found guilty of capital

murder and later sentenced to death by a Harris County grand jury,

which concluded beyond a reasonable doubt that he shot and killed Mr.

Bobby Lambert during the course of a robbery.

The murder of Mr. Lambert marked the beginning of a week-long

crime rampage during which, by his own admission, Mr. Graham

committed at least 10 armed robberies involving 13 different victims. Two

of his victims were shot. One was kidnapped and raped at gunpoint.

Over the last 19 years, Mr. Graham's case has been reviewed more

than 20 times by state and federal courts. Thirty-three judges have heard

and found his numerous claims to be without merit. In addition to the

extensive due process provided Mr. Graham through the courts, the

Board of Pardons and Paroles has thoroughly reviewed the record of this

case as well as all new claims raised by Mr. Graham's lawyers.

Today, the Board of Pardons and Paroles voted to allow Mr.

Graham's execution to go forward. I support the board's position.

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Mr. Graham has had full and fair access to state and federal courts,

including the United States Supreme Court. After considering all the

facts, I am confident justice is being done.

May God bless the victims, the families of the victims and may God

bless Mr. Graham.

George W. Bush

Republican National Convention 2000

Philadelphia, Pennsylvania

Party Platform: Judicial Reform

The rule of law, the very foundation for a free society, has been

under assault, not only by criminals from the ground up, but also from

the top down. An administration that lives by evasion, coverup,

stonewalling, and duplicity has given us a totally discredited Department

of Justice. The credibility of those who now manage the nation’s top law

enforcement agency is tragically eroded. We are fortunate to have its

dedicated career workforce, especially its criminal prosecutors, who have

faced the unprecedented politicization of decisions regarding both

personnel and investigations.

In the federal courts, scores of judges with activist backgrounds in

the hard-left now have lifetime tenure. Our agenda for judicial reform is

laid out elsewhere in this platform, but this is the heart of the matter:

Whom do the American people trust to restore the rule of law, not just in

our streets and playgrounds, not just in boardrooms and on Wall Street,

but in our courts and in the Justice Department itself? The answer is

clear. Governor Bush is determined to name only judges who have

demonstrated respect for the Constitution and the processes of our

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republic.

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Criminal Justice Process - Gore

Al Gore

July 8, 2000

TV Ad: "Protect”

[GORE]:

Accused criminals have all kinds of rights, but the victims of crimes do

not have rights that are always protected and guaranteed. That's

why I'm for a constitutional amendment to protect victims' rights.

So that, for example, if somebody has been a crime victim and the person

who committed that crime is about to be released, they ought to be

notified. If there's a trial they ought to have a right to speak to the

jury. The people who are hurt by crime need to be heard.

(On screen: The Gore Plan: Crime Victims' Bill of Rights; 1-877-

leadnow.com; Paid for by the Democratic National Committee)

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Al Gore

Memphis, Tennessee

July 18, 2000

Crime Victims

Now I want to turn to the topic that we have before us here today. All

week long, I am going to be talking about the issues related to crime. And

the place to begin is with the victims of crime, who deserve more

attention and more consideration than they have received in the past, a

lot more.

On the issue of crime, generally, I think it's worth noting that for

eight years now, we have seen a decline in the number of crimes

committed in the United States in every category. And there are a

number of law enforcement officers here joining us today, including the

Attorney General of Tennessee, and a sheriff, and some law enforcement

specialists, and I complement them on that.

The policies of the Clinton-Gore administration helped to beef-up

community policing, and to make other chances that have made it a lot

easier to get criminals behind bars, and reduce the crime rate. I want to

continue that.

But I think that it is high time, indeed long past time, to focus on the

rights of victims. And that's why today I am proposing, in the presence of

some very able advocates for victims and some victims who have to—

survivors, I might say, is a better word -- who have the courage to speak

up and try to help others as a result of the lessons they have learned

from their experiences. And in their presence, I am proud to propose a

Crime Victims Bill of Rights.

And I want to tell you little bit about it. First of all, I am proposing a

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constitutional amendment to guarantee that crime victims have rights in

the legal process. The accused criminals have all kinds of rights, and we

all understood why that is a part of our system, but here is the point.

When those rights are enshrined in the Constitution and the rights of

victims are not, whenever the two come into any kind of conflict, it is not

even a close contest. The victims are put in the back seat and sometimes

completely ignored. And you will hear from some individuals here, some

very courageous individuals who have gone through that kind of

situation. And we need to change that by having what Reverend Fleasure

(ph) said was balance in the system, so that there is an ability to arrive at

a common sense result.

Now, the second part of my Crime Victims' Bill of Rights is to make

sure that the victims of a crime have the right to attend the proceedings

when their attackers are on trial. And I am proposing a crime victims

leave law so that, under federal law, under my proposal, a victim of a

crime will have the right to take time off work to attend the trial of his or

her attacker without fear of losing the job or losing a promotion.

After all, you are legally required to go and serve on juror duty. Well,

if the trial is being conducted of your attacker, you ought to be able to go

and attend those proceedings. Just as under the constitutional

amendment, you ought to have the right being notified if someone

involved in violence against you is going to be released from the criminal

justice system.

You ought to be eligible for restitution for the damages you have

suffered as a result of the crime.

Now third, I am pushing hard for reenactment of the Violence

Against Women Act, which is designed to protect women and children

against domestic abuse, against stalking, and against other crimes that

have sometimes in the past gotten short shrift.

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I am proposing, in addition, some new steps to give counseling for

the children who were involved in these proceedings, to make sure that

they are held by the hand and guided through the traumas that come

even after the violence.

I am proposing new housing vouchers for those who are victims of

domestic violence who need to get out of the situation they are in and

find another safe place for themselves and their children. Now, next, I am

also proposing that we focus on prevention of crime because so many

crimes can be avoided if we do the right things in the area of prevention,

and these specialist have long been leading the way in promoting that

point of view. And I feel very strongly about that also.

Fifth, I am proposing that we pass the hate crimes law because

crimes motivated by hatred based on gender or race or religion.

Obviously, these crimes, as seen in the tragedies of James Byrd and

Matthew Shepard and other individuals who have been victimized

because they are somehow labeled as “different,” we need to put that on

the books.

Page 25: Chapter 8pcl.stanford.edu › campaigns › 2000 › sourcebook › sbpdf › crime.pdf · Criminal Justice Process Bush Gore . Public Safety and Gun Control - Bush George W. Bush

Al Gore

Democratic National Convention 2000

Los Angeles, California

Party Platform: Victims’ Rights

We need a criminal justice system that both upholds our

Constitution and reflects our values. Too often, we bend over backward

to protect the right of criminals, but pay no attention to those who are

hurt the most. Al Gore believes in a Victims' Rights Amendment to the

United States Constitution - one that is consistent with fundamental

Constitutional protections. Victims must have a voice in trial and other

proceedings, their safety must be a factor in the sentencing and release

of their attackers, they must be notified when an offender is released

back into their community, they must have a right to compensation from

their attacker. Our justice system should place victims and their families

in their rightful place.